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House Amendment 1182

Amendment Text

PAG LIN
  1  1    Amend Senate File 276, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  NEW SECTION.  135.26  HEALTH CARE
  1  6 PROVIDER RECORDS – DUPLICATION FOR PROVISION TO
  1  7 PATIENT.
  1  8    1.  For the purposes of this section:
  1  9    a.  "Health care provider" means a person licensed
  1 10 to practice medicine and surgery pursuant to chapter
  1 11 148, physical therapy pursuant to chapter 148A,
  1 12 occupational therapy pursuant to chapter 148B,
  1 13 acupuncture pursuant to chapter 148E, podiatry
  1 14 pursuant to chapter 149, osteopathy pursuant to
  1 15 chapter 150, osteopathic medicine and surgery pursuant
  1 16 to chapter 150A, chiropractic pursuant to chapter 151,
  1 17 nursing pursuant to chapter 152, dietetics pursuant to
  1 18 chapter 152A, respiratory care pursuant to chapter
  1 19 152B, massage therapy pursuant to chapter 152C,
  1 20 dentistry pursuant to chapter 153, optometry pursuant
  1 21 to chapter 154, psychology pursuant to chapter 154B,
  1 22 social work pursuant to chapter 154C, behavioral
  1 23 science pursuant to chapter 154D, or licensed as a
  1 24 physician assistant pursuant to chapter 148C, a
  1 25 hospital licensed pursuant to chapter 135B, and a
  1 26 health care facility licensed pursuant to chapter
  1 27 135C.
  1 28    b.  "Health care record" includes but is not
  1 29 limited to evaluations, diagnoses, prognoses,
  1 30 treatment, history, charts, pictures, laboratory
  1 31 reports, X rays, prescriptions, and other technical
  1 32 information used in assessing a patient's condition.
  1 33    2.  Upon the written request of a patient, a health
  1 34 care provider shall allow the patient to inspect and
  1 35 shall provide the patient with a duplicate of the
  1 36 health care record of the patient.  The health care
  1 37 provider may charge a fee, as established by rule of
  1 38 the department, for duplication of the record.
  1 39    3.  A health care provider may withhold the record
  1 40 from the patient if the provider reasonably determines
  1 41 that the information is detrimental to the physical or
  1 42 mental health of the patient, or is likely to cause
  1 43 the patient to harm the patient or another person.  If
  1 44 a record is withheld from the patient under this
  1 45 subsection, the health care provider may provide
  1 46 access to the record or a duplicate of the record to
  1 47 the patient's attorney or personal physician upon
  1 48 request of the patient.
  1 49    4.  The department shall adopt rules pursuant to
  1 50 chapter 17A prescribing uniform fees, based upon the
  2  1 actual cost of duplication, that a health care
  2  2 provider may charge for duplication of health care
  2  3 records requested by a patient under this section.
  2  4 The rules may provide for an additional fee based upon
  2  5 the actual costs for postage or other means of
  2  6 delivery and may provide for an annual increase based
  2  7 upon the annual rate of inflation for the preceding
  2  8 calendar year as determined by the consumer price
  2  9 index published by the bureau of labor statistics of
  2 10 the United States department of labor."
  2 11    #2.  By renumbering as necessary.  
  2 12 
  2 13 
  2 14                               
  2 15 JOCHUM of Dubuque 
  2 16 SF 276.508 78
  2 17 mj/jw
     

Text: H01181                            Text: H01183
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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